Satisfaction of Judgment Already Having Been Filed Was Big Reason for Affirmance.
In Shankar v. Chu, Case No. B231701 (2d Dist., Div. 1 May 18, 2012) (unpublished), judgment creditor filed an acknowledgment of satisfaction of judgment and later filed a memorandum of costs after judgment. The trial court refused to set aside the satisfaction of judgment and granted judgment debtor’s motion to tax the judgment creditor’s costs memorandum, prompting an appeal.
The trial court did not err.
First of all, judgment debtor’s CCP § 473 motion to allow him to set aside the satisfaction of judgment was improper because he cited no authority indicating the filing of satisfaction of judgment was “a judgment, dismissal, order, or other proceeding taken against him.” Also, the costs memorandum was not timely because it had to be done before a judgment is fully satisfied under CCP § 685.070(b).